R v Tukuafu - [2022] NSWDC 671

District Court

New South Wales

Medium Neutral Citation: R v Tukuafu [2022] NSWDC 671
Hearing dates: 22 November 2022
Date of orders: 22 November 2022
Decision date: 22 November 2022
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Aggregate sentence of 8 years with a non-parole period of 5 years.

Catchwords:
CRIME – Specially aggravated B&E and commit serious indictable offence -wound - Supply prohibited drug
SENTENCING - Relevant factors on sentence – multiple offences - very serious harm to the victim of the wounding - young offender - deprived background - early guilty plea- negative impact of time spent in juvenile detention considered - impact of previous trauma on offender - offences committed on parole and subject to ICO - Form 1 matters- institutionalised offender

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999.

Category: Sentence
Parties: Siaosi Tukuafu (the offender)
Director of Public Prosecutions
Representation: Solicitors:
Mr N Ashby, Solicitor Advocate, Legal Aid NSW (for the offender)
Ms S Knox (for Director of Public Prosecutions)

File Number(s): 2021/00224165; 2021/00251527

SENTENCE – EX TEMPORE REVISED

Introduction

Siaosi Tukuafu is still only a young man. He was born in February 2000. His background as a child did not help him form prosocial attachments in the community. His life has been formed by associations with people who commit crimes against our community and by his regular incarceration in juvenile institutions and now gaols. He has never had a chance to lead a normal life in our community.
When Tukuafu was released to parole on 19 August 2020, he was subject to the fundamental condition of parole, that he be of good behaviour. He was not of good behaviour. Instead of keeping to the conditions of his parole, he continued his association with other and older criminals. He joined a criminal group supplying illicit drugs to the community. Soon after his release he committed several serious offences, including the invasion of a house in Western Sydney, which had very serious consequences.
He entered guilty pleas in the Local Court. An aggregate sentence will be imposed today, but I will reduce each indicated sentence by 25% to reflect the utilitarian value of those early plea. Because there must be some accumulation of penalty, I will take care that the benefit of that reduction is not be eroded by the process of accumulation.

A home invasion in Horsley

On 17 October 2020, just before midnight, Tukuafu and another man went to a home in Horsley. A man and a woman living there with their two-year-old. The male saw two people walking up towards his door. He was not expecting visitors. He opened the door but left the screen door shut; He said, “What’s going on? It’s the wrong time to come knocking like this, boy?” He and the offender engaged in conversation. As the male victim turned the light on, Tukuafu ripped open the unlocked screen door and the other man (who is still not known to police) came over the top of him and hit…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Tukuafu

Details

AGLC: R v Tukuafu [2022] NSWDC 671
Case: [2022] NSWDC 671
Decision Date: 22 November 2022

CaseChat Overview and Summary

In the case of R v Tukuafu, the appellant was convicted of specially aggravated break and enter with intent to commit a serious indictable offence, causing a wound to a person, and supplying a prohibited drug. The matter was heard in the Supreme Court of Queensland. The appellant’s case involved significant criminal conduct, including an aggravated break and enter, causing serious harm to the victim, and supplying a prohibited substance.

The court was tasked with determining the appropriate sentence, considering various factors such as the gravity of the offences, the harm caused to the victim, the appellant’s background, and his age at the time of the offences. The court also considered the impact of the appellant’s previous trauma, his deprived background, and the fact that the offences were committed while the appellant was on parole and subject to an Intensive Correction Order. The court had to weigh these mitigating factors against the severity of the crimes committed.

The Supreme Court found that while the offences were serious and had caused substantial harm, the mitigating factors warranted consideration. The court took into account the appellant’s early guilty plea, his deprived background, and the impact of his previous trauma. The court also noted the negative impact of the appellant’s time spent in juvenile detention. After weighing all these factors, the court determined that an aggregate sentence of 8 years with a non-parole period of 5 years was appropriate.

The court ordered the sentence to reflect the totality of the appellant's offending and the need for both punishment and rehabilitation. The sentence recognises the severity of the crimes while also considering the appellant’s personal circumstances and potential for rehabilitation.

Orders

Orders of the court

Aggregate sentence of 8 years with a non-parole period of 5 years.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Tukuafu [2022] NSWDC 671
Hearing dates:	22 November 2022
Date of orders:	22 November 2022
Decision date:	22 November 2022
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Aggregate sentence of 8 years with a non-parole period of 5 years.
Catchwords:	CRIME – Specially aggravated B&E and commit serious indictable offence -wound - Supply prohibited drug SENTENCING - Relevant factors on sentence – multiple offences - very serious harm to the victim of the wounding - young offender - deprived background - early guilty plea- negative impact of time spent in juvenile detention considered - impact of previous trauma on offender - offences committed on parole and subject to ICO - Form 1 matters- institutionalised offender
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999.
Category:	Sentence
Parties:	Siaosi Tukuafu (the offender) Director of Public Prosecutions
Representation:	Solicitors: Mr N Ashby, Solicitor Advocate, Legal Aid NSW (for the offender) Ms S Knox (for Director of Public Prosecutions)
File Number(s):	2021/00224165; 2021/00251527